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Petitioner: MRS. GHAZALA RIAZ MALIK VS Respondent: RIAZ AHMAD MALIK
1988 P Cr
1988 P Cr. L J 1498
[Lahore]
Before Muhammad Munir Khan, J
Mrs. GHAZALA RIAZ MALIK--Appellant
versus
RIAZ AHMAD MALIK--Respondent
Criminal Appeal No. 544 of 1987, decided on 23rd January, 1988.
Penal Code (XLV of 1860)--
---Ss. 197 & 218--Criminal Procedure Code (V of 1898), S.195- Allegations accepted at face value--No offence punishable under S.197, P.P.C. made out while under S.195, Cr.P.C. Trial Court was not competent to take cognizance of offence under S.218, P.P.C. on the complaint--Interference with the order of acquittal declined, in circumstances.
M. Farani for Appellant.
Ahmad Hassan Noori with Badar Munir for Respondent.
Date of hearing: 23rd January, 1988.
JUDGMENT
The facts giving rise, to this petition for special leave to appeal which after having been admitted has been converted to Criminal Appeal No. 544 of 1987, are that Mrs. Ghazala Riaz Malik petitioner was married to Riaz Ahmad Malik on 26-1-1973. The relations between husband and wife became strained. Riaz Ahmad Malik sent notice of Talaq to the petitioner and copy thereof to Ahmad Hassan Noori, Chairman, Union Council, Ward No. 19, Lahore, respondent. The notice of Talaq, however, could not be served on the petitioner/ wife. Respondent No.l initiated action on the notice consigned file to record on 4-12-1980. Thereafter, without issuing any fresh notice to the petitioner and without any conciliation proceeding, the respondent issued certificate. Annexure 'B' on 24-10-1981, declaring Talaq to be effective. On this Ghazala Riaz Malik petitioner filed complaint under section 197/218, P.P.C. against respondent No.l before Magistrate 1st Class, Lahore Cantt. respondent No. 2, which was dismissed on 6-7-1981 and respondent No.2 was acquitted of the charge, hence this appeal.
2. Learned counsel for the appellant contended that the respondent could not have been acquitted on the ground that his act was protected under section 179 of the Punjab Local Government Ordinance, 1979, inasmuch as, he did not issue certificate in the capacity of the Chairman of Union Council but as Chairman of the Conciliatory Court under Family Laws Ordinance, 1961. Learned counsel for the respondent has supported the order of acquittal.
3. I have considered the submissions made by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the appellant. I find that the allegations levelled against the appellant accepted at face value no' offence punishable under section 197, P.P.C. is made out and as far offence punishable under section 218, P.P.C. I find that under section 195, Cr.P.C. the learned Magistrate was not competent to take cognizance of offence under section 218, P.P.C. on the complaint of the petitioner.
For what has been said above, there being no merit, the appeal is dismissed.
S.G.D./G-145/L Appeal dismissed.